Private School Fees and Child Support

In Australia, determining child support payments can become particularly complex when parents have to factor in private school fees. While the basic child support formula considers the parents’ income and expenses and the needs of the child, private education represents an additional, often contentious expense. The Family Law Act 1975 and the Child Support (Assessment) Act 1989 provide the legal framework for child support, yet parents still frequently fight about the issue of private school fees in the family law courts. This article explores the legal principles that govern educational expenses and how courts address these obligations when determining fair child support arrangements.

Child support

Child support is intended to help cover the costs of raising a child, including educational expenses. Separated parents may come to an agreement privately as to the terms of child support, or apply to Services Australia for an administrative assessment. An administrative assessment uses a statutory formula that accounts for variables such as the number of children in each family, each parent’s taxable income, and the number of nights the child spends with each parent. Based on this formula, Services Australia assesses the amount of child support a parent should pay or receive, including provision for school fees. However, when only one parent wants a child to receive a private education, there is question over who should pay for the fees.

Private school fees

In Australia, there are three main types of school: public, independent and Catholic. In 2023, approximately 2.6 million Australian children attended a public school, over 800,000 a Catholic school, and 666,581 an independent school.

It is estimated that the cost of an Australian public school education for a child from Kindergarten to Year 12 can be up to $93,000 (although many of these costs are non-compulsory), while Catholic schooling costs an average of $195,000, and independent schools an average of $317,000. Of course, many independent schools are significantly more expensive than the average, and a full education at some of the top schools in Australia can cost more than half a million dollars in tuition fees alone. Given these significant differences in cost, it is not surprising that some parents disagree over where their children should be educated.  

Private school fees and child support assessments

A child support assessment is intended to provide for a child’s necessary living expenses, including the costs of education, such as school fees, uniforms, extra-curricular activities and excursions. These amounts are not usually differentiated as being for this purpose, as child support is paid in regular amounts throughout the year. The custodial parent who receives child support is responsible for allocating sufficient funds from the payments for the child’s educational expenses.

When making the calculation of child support, Services Australia factors in the approximate cost of a public-school education in the relevant state or territory. When the calculation is first made, there is no consideration for whether the parents already outlay significant amounts on private school fees for their children, or other expenses such as special needs education resources. Therefore, some parents find they are paying expensive fees directly to the schools on top of their calculated child support.

Parents can ask the Federal Circuit and Family Court of Australia for a departure order from the administrative assessment to account for more expensive school fees. The registrar or judge will assess the case according to several criteria, including whether the child will be significantly worse off if they do not attend private school. If the judicial officer determines that there will be no adverse effect from public education, then they are likely to deny the support reassessment.

Previous agreement

It is quite common for parents to agree to an approach to their child’s education while they are still together, only for one party to change their mind following separation. The court will take such a previous agreement into account when deciding if private education is reasonable. For instance, a parent may be able to prove that there was a previous agreement because both parents signed private school applications or enrolment forms.

This does not mean that the judicial officer will enforce a previous agreement for a child to attend a particular school. It is more likely for a court to concentrate on the type of education (public or private) that the child should receive (Wild v Ballard (1997)). If the court is convinced that there was a previous intention to give the child a private school education, then Services Australia will recalculate the child support assessment to include a more appropriate amount for school fees.

If there was no previous agreement between the parents about private schooling, then a parent can still approach Services Australia about varying the child support assessment through an internal review process or through a court application. In these cases, the parents’ financial circumstances (including resources and earning capacity) will be a persuasive factor in the decision. It is crucial to note, however, that just because a parent can afford to pay for private schooling does not mean that the court will find that they should have to carry that financial burden.

For any legal advice about applying for a child support assessment or parental responsibility, please contact Go To Court Lawyers on 1300 636 846.